KUALA LUMPUR, April 10 — Eleven demonstrators at the Bersih 1.0 Assembly were fined RM8,000 each after they were found guilty by the High Court here today for disobeying the police order to disperse at the assembly around the federal capital, eight years ago.
Justice Datuk Amelia Tee Hong Geok Abdullah passed the sentence on Mohd Zad Abdullah, Mohd Salim Yeslam, Abdul Razali Abdul Rahman, Razali Abdul, Azahar Yusop, Sulaiman Ahmad, Taib Abdullah, Mohd Shafie Ismail, Mohd Nazreen Mohd Nasir, Mohd Abi Salam Ariffin and Ishak Othman.
Tee made the decision after allowing the appeal by the prosecution against the decision of the Sessions Court which acquitted and discharged them from the charge of disobeying the police order to disperse at the demonstration.
The judge ordered everyone of them to be jailed for two months if they failed to pay the fine.
In her judgement, Tee said the defence submitted by all the defendents at the Sessions Court was merely an afterthought.
“The court finds that the Sessions Court Judge had erred when stating that the police witness did not have the credibility to give statements in the case.
The court also agreed that the defence had failed to prove reasonable doubt in the case and the court was satisfied that the statements of the witnesses were inconsistent,” she said.
All the defendants were charged with committing the offences in several locations in the federal capital such as in Jalan Raja Laut, Jalan Istana Baru and Jalan Tun Perak between 1pm and 4pm, on November 10, 2007, under Section 27(5)(a) of the Police Act 1967 and could be sentenced under Section 27(8) of the same act.
However, Tee upheld the decision of the Sessions Court that acquitted and discharged PAS deputy president Mohamad Sabu and Batu MP Chua Tian Chang or better known as Tian Chua from the same charge faced by the 11 men.
Tee said the Sessions Court Judge did not err in making the decision and the failure of the prosecution in submitting the video recording had a serious effect on the case.
The court also set aside the decision of the Sessions Court which imposed a fine of RM6,000 on former Padang Serai member of parliament N. Gobalakrishnan for participating in the demonstration after allowing his (Gobalakrishnan) appeal. — Bernama